| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
authority to review |
time limitation |
|
Summary:
The Federal Court has already decided that the Commission cannot rely upon s.86 to justify its right to recover overpayment of benefits, when it has failed to abide by the time limits set out in s.43: BRIERE and LAFOREST.
The Federal Court indicated in WHEATON that s.38 is independent of s.43 and 86 and that the time limitation imposed by s.43 does not apply to such repayments. Applying this here, I find that s.43 does not apply to overpayments under s.37.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
awards |
liability to repay ui |
|
Summary:
The Federal Court indicated in WHEATON that s.38 is independent of s.43 and 86 and that the time limitation imposed by s.43 does not apply to such repayments. Applying this here, I find that s.43 does not apply to overpayments under s.37.
